ICE Memo Authorises Home Entry Without Judge's Warrant, Whistleblowers Say

(MENAFN- Live Mint) Federal immigration officers are claiming expanded powers to forcibly enter homes without a judge's warrant, according to an internal Immigration and Customs Enforcement (ICE) memo obtained by The Associated Press, triggering constitutional concerns and calls for a congressional probe.

The directive, dated May 12, 2025, authorises ICE agents to enter residences using administrative warrants-rather than warrants signed by a judge-to arrest individuals with final orders of removal. Advocates say the move sharply reverses longstanding guidance meant to respect Fourth Amendment protections.

The memo was allegedly shared with Sen. Richard Blumenthal, D-Conn., by two whistleblowers and is signed by Acting ICE Director Todd Lyons.

Shift from long-standing enforcement practice

Traditionally, ICE arrests have been largely confined to public spaces, as administrative warrants-known as Form I-205-were not considered sufficient to enter private residences.

“Only a warrant issued by a 'neutral and detached magistrate' would authorise ICE agents to enter or search nonpublic areas such as an alien's residence,” the whistleblower group said in its complaint to Congress.

For years, immigrant advocacy groups and local governments have advised residents not to open their doors to immigration officers unless presented with a judicial warrant-guidance rooted in Supreme Court rulings limiting warrantless home searches.

The new memo directly undercuts that advice as the Trump administration expands immigration arrests nationwide, deploying thousands of officers under a mass deportation campaign.

What the memo allows

According to the whistleblower complaint, the memo instructs agents that Form I-205 alone can justify home entry, provided it is supported by a final order of removal.

“Officers and agents must also have reason to believe that the subject alien resides at and is currently located at the address where the Form I-205 is to be served,” the memo states.

'Secretive' rollout alleged

The whistleblower complaint alleges the policy was tightly held within DHS and deliberately kept out of written training materials.

“The May 12 Memo has been provided to select DHS officials who are then directed to verbally brief the new policy for action,” the complaint states.

Supervisors allegedly showed the memo to some agents, instructed them to read it, and then required them to return it. New ICE recruits are reportedly being trained verbally that administrative warrants permit home arrests without consent or judicial approval.

DHS defends administrative warrants

The Department of Homeland Security pushed back against criticism, defending the legality of administrative warrants.

“Every illegal alien who DHS serves administrative warrants/I-205s have had full due process and a final order of removal from an immigration judge,” said Tricia McLaughlin, DHS Assistant Secretary for Public Affairs.

“The officers issuing these administrative warrants also have found probable cause. For decades, the Supreme Court and Congress have recognised the propriety of administrative warrants in cases of immigration enforcement,” she said.

Democrats call for investigation

Sen. Blumenthal has called for an investigation into the directive, warning it poses a threat to civil liberties.

“Every American should be terrified by this secret ICE policy authorising its agents to kick down your door and storm into your home,” Blumenthal said.

“It is a legally and morally abhorrent policy... In our democracy, with vanishingly rare exceptions, the government is barred from breaking into your home without a judge giving a green light.”

Also Read | Trump Administration Fights in Court to Keep Minnesota ICE Surge

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